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Bush Officials Undermined Tobacco Racketeering Case, Lead Lawyer Says
March 22, 2007

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News Summary

Bush administration political appointees interfered with the Justice Department's racketeering case against the tobacco industry during the trial's final weeks, the government's lead attorney says, undermining the prosecution and asking witnesses to change their testimony.

The Washington Post reported March 22 that Sharon Y. Eubanks said that former Associate Attorney General Robert D. McCallum, former Assistant Attorney General Peter Keisler, and Keisler's former deputy, Dan Meron, repeatedly forced the Justice lawyers to take steps that weakened their case. "The political people were pushing the buttons and ordering us to say what we said, and because of that, we failed to zealously represent the interests of the American public," said Eubanks, a 22-year veteran of the agency who retired shortly after the case concluded.

Among the changes ordered were dropping a recommendation that tobacco executives face removal from their positions as part of the penalties in the case. Eubanks said she was ordered to read verbatim a closing argument that was written for her, and that she was told to tell two witnesses to change their testimony.

"Political interference is happening at Justice across the department," Eubanks said. "When decisions are made now in the Bush attorney general's office, politics is the primary consideration ... The rule of law goes out the window."

In a move that stunned observers, the government chose at the last minute to reduce its proposed fiscal penalty against the industry from $130 billion to $10 billion. Justice Department officials claimed there had been no political interference related to the decision, and an internal investigation agreed. "Her claims are totally false in terms of [us] trying to weaken the case," McCallum said. "Her claims were looked into by the Office of Professional Responsibility and were found to be groundless."

McCallum said the decision to lower the penalty amount was vindicated when the trial judge ruled that no fiscal penalties at all could be awarded. Eubanks said she "couldn't even look at the judge" when she had to go before the bench and announce that the proposed penalty was being reduced. 

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